Client Injured in Two Accidents Wins 600K

Recently, Mark Clark and Christa McCann obtained a $600,000 settlement
on behalf of a client who was injured in two separate automobile accidents
caused by two different underinsured motorists.

As a result of the first accident, the client sustained cervical and lumbar
spinal injuries with associated radicular symptoms. At of the time of
the second accident, the client had been continuously treating with an
orthopedic surgeon for these injuries and had received a recommendation
for cervical spine surgery. Therefore, following the second accident,
the second driver’s insurance carrier and the client’s underinsured
motorist insurance carrier disputed the extent and causation of the client’s
injuries and took the position that the injuries were entirely pre-existing
as a result of the first accident; this position was supported by the
Defendants’ two CME experts as well as the MRI findings, which revealed
no interval change to the client’s spine following the second accident.
Given these findings, the insurance companies for both accidents made
nominal settlement offers.

As a result, the case was then referred to Clark Fountain, where Clark
and McCann filed suit for both accidents and were able to refute the opinions
of the Defendants’ CME experts through the client’s treating
physicians and establish that, as a result of the second accident, the
client suffered an aggravation of the pre-existing condition based on
changes in the frequency, duration and intensity of the symptoms following
the second accident and, as a result, was required to undergo several
additional epidural steroid injections and ultimately an anterior cervical
discectomy and fusion. Consequently, on the eve of trial, both drivers’
insurance carriers and the client’s underinsured motorist carrier
agreed to tender their full policy limits for both accidents.

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